The author emphasizes that public media play a key role before and during an election campaign, performing many important functions. Since public media are institutions financed from public funds, they are responsible for providing objective, reliable and balanced information.
The issue of public media participation in the broadly understood election campaign is regarded as one of the necessary elements of the neutrality of public authorities. The way the media operate is a crucial factor in maintaining “equal opportunities” for participants in the electoral process, as this is how the role of public media becomes “linked” to the principle of electoral equality.
Freedom of expression plays a key role in every democratic state and society, which is why it is important that the mechanisms within a given legal system ensure a genuine opportunity to exercise it. Through Articles 14 and 54, the Constitution of the Republic of Poland of 2 April 1997 guarantees freedom of the media and freedom of expression.
Under Article 213 of the Constitution of the Republic of Poland, the National Broadcasting Council is the guardian of freedom of speech, as well as of public media’s compliance with their statutory obligations. It safeguards freedom of speech, the right to information and the public interest pursued through radio and television broadcasting.
When describing the obligations of public broadcasters in light of international standards, the author recalls that in Handyside v. the United Kingdom, one of the most important Strasbourg judgments concerning freedom of expression, the Court stated:
“freedom of expression constitutes one of the essential foundations of a democratic society, (...) it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no ‘democratic society’.”
In the context of elections, Article 21 of the Broadcasting Act establishes an obligation of political neutrality for public media. First, this neutrality must mean ensuring equal access for all competing political groups and candidates. This should be guaranteed by law, particularly by determining airtime and the freedom to convey content.
Second, the neutrality of public media concerns the way public events are reported during the broadly understood election campaign period.
Czy TVP wypełnia obowiązki mediów publicznych?
The 1996 National Broadcasting Council regulation concerning access to airtime for the highest state authorities specified that only four people in the state, referred to as the highest state authorities, are entitled to communicate directly with citizens publicly. These people are:
- the President of the Republic of Poland,
- the Marshals of the Sejm and the Senate,
- the Prime Minister.
The provision concerning the direct presentation and explanation of state policy is also particularly important for broadcasters themselves. In this case, broadcasters’ role should be limited to making airtime available to the politicians named above, without the right to comment on or assess their statements immediately after they are broadcast. This usually occurs only in the next editions of news services on the individual Telewizja Polska channels.
In conclusion, Dr Dominika Bychawska-Siniarska emphasizes that the National Broadcasting Council oversees the performance of the tasks imposed on public media. On the basis of reports submitted by broadcasters, it monitors the time allocated to individual political forces and, in the event of a breach of the principles arising from the Act or regulations, may intervene with the broadcaster (Article 6(2)(5) of the Broadcasting Act). Under Article 53 of the Broadcasting Act, the Chairperson of the National Broadcasting Council may impose financial penalties if broadcasters fail to fulfill their statutory obligations.